Q: My mom was married 33 years her husband passed on April 8th his son served her with eviction this week can he do that
The son took the safe out of house 2 days before his father died refuses to tell her if there is a will She is 81 And can’t afford d a lawyer what r her rights the house did belong to her husband but his son took deed over before he died son claims
A: I am sorry, but there aren't enough facts provided to answer your question. Your mom should contact the Maine Center for Elder Law at 207-467-3301 and https://mainecenterforelderlaw.com/.
It is possible that he can serve her with an eviction notice, especially if he was, in fact, added to the deed as a joint tenant before his father died. Whether the son is on the deed could be verified at the county Registry of Deeds (most records can be found online at http://www.maineregistryofdeeds.com/.) Fortunately, at least in the short term, evictions are on hold because of the new coronavirus. Beyond that, she should contact Legal Services for the Elderly at 1-800-750-5353 (www.mainelse.org) and/or Pine Tree Legal Services (which specializes in housing issues) at https://ptla.org/contact-us (the phone number would depend on her county). Both of these organizations offer free legal services.
There is some question whether he was entitled to remove the safe. Under the new probate code, as his spouse, if there is no will, she would inherit everything in the probate estate (which would include anything in the safe, and the safe itself).
Robert Guillory Esq agrees with this answer
A: I agree with attorney Eccher. I also agree she should contact the organizations he mentioned. Serving a notice to quit and winning at court are two very different things. The son would have to prove that he is the owner of the house and that proper procedure was followed. Given the back up in the courts with no opening date in sight this could take a while. She may want to start making plans to find another place to live eventually. Good luck.
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